Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1887-07-07
~ ~ csasssaiao oartaosa


..,..
DC " s"sc'eo ny Tue LeS'ss"'''s ""'e""'y
Of the Territory Of Montana:
Section 1. Marriage 10 q civil contract
o., ~h;.h a.. .,,..rx 81 .h. r..s;.. NH.
'>
IN Law Of contracting, " essential.
Sec. 2. No marriage shall be contracted
while either Of the parties shall have hus.
band or wife living. nor where the male In
under eighteen years Of age, or the female In
under sixteen ycars III ags nor between
parties Who are nearer Of kin than second
cOusins. computing by the rules Of civil
Law; Provided, That nothing In this act
shall be construed ~ invalidatine the mar
riase relation between two persons nearer
ii kin than second cousins Who may have
contrncted such marriage prior To the pas.
sage Vi this act.
Sec. .. Marriage may be sols,nnised by
any judge Of . court Vi record, by any JUS.
tics Of the peace In the county in which he
ernor u the territory, or by any regularly
ordained minister who IN In good standing
in the religious denomination to which be
belongs. Marriages may also be solemn
isei by religious societies according to the
usAscs Of such societies.
Ssc. 4. Previous To the sO1smnisatiOn III
any marriage in this territory /. license Tor
clerk Of the county whereia the marriage ID
to take place.
Sec. 8. Where either party 10 minor no
license shall be granted without the written
consent Of the father, u living, IL not then
VI the mother ii such minor or Of the
guardian or person under whose care and
government such minor may be which
written consent shall be- proved by the tes-
timony Of at lsast one competent witness.
S@c. q. When application shall be made
for . licease tn the county clerk, he ohmll
upon the granting Of such license state
therein the christian and surnames ri the
fathers Of both parties; the christian and
maiden name Of the mothers Of both par.
ties; the christian and Surname Of both
parties; the residence Of both parties, their
places Of birth, their respective ages their
color, and whether previously married,
which license shall prior to the issuing
thereof be entered Of record in the office OF
the county clerk. In . suitable book To be
provided Tor that purpose.
II shall appear that either III the parties In
legally Incompetent to enter into such con-
tract, or that there u any impeachment in
the way, or 70 either party ID a minor. and
the consent mentioned in section 1--WE mail
not b. given, the said county clerk shall re-.
fuse tn grant license.
Sec. g. In case 81 psr~0nHl application
in his DISCRETION require that the necessary
Information BE- given under oath. and he 70
hereby authorised to administer oaths to
ouch applicants Tor such purpose. When
parties apply by mail Tor such licenae their
abatement Of the facts necessary to proper
" make nut such license must b accOmpa.
nied by an afiida Wit ~ to the correctness
or notary public, or some other person au.
thOrissd ~ administer oaths; and In case
Of q minor, the cOunsnt Of the pareut or
guardian must b. given in the same man.
ner.
Bee. 3. No person AUTHORISED 10 solemn.
ice marriages shall perform such ceremony
until the parties have given him the license
issued by the county clerk Tor their mar.
riass; aud when he has completed any such
ceremony. be shall enter upon such license
= certificate Ut such marriage showing when
and where u occurred, aud such certificate
shall be sttestsd by two witnesses to such
ceremony; he shall, within three months
return said license and certificate to the
county clerk Who shall RECORD the certificate
in the same book where the said marriage
licenoe 10 rec0rtled.
Sec. 10 BEFORE issuing any marriage u.
cense ~ provided In this act, the county
clerk may. and u b hersby made his duty
to demand and receive . fec Of two dollars
which shall bs full pay Tor the issuance and
rscordins Of such Iicsnss. and for the 70.
cording oi the certificate Of the person SOL
smnising the marriage.
Sec. IL. Every person solemnising .
marriage, Who shall neglect to make and
deliver to the county clerk q certificate
thereof, within three mouths after having
sOle,nUised such marriage. shall forfeit for
such neglect y sum not less than ten nor
moro than fifty dollars; aud any county
clerk who shall neglect to record such Ger.
tificate % delivered within one month after
its delivery, shall forfeit the like penalty.
Sec. ~. Every persOn who shall wilfully
make and deliver false certificate ri mar.
riaec or pretended marriage or undertake
10 join Others 10 marriage knowing he In
not lawfully authorised M to do, or know
ing any legal imPcdiment to the proposed
marriage, he shall. ON conviction IN any
court Of competent Jurisdiction, be 6ned in
u sum not exceeding i've hundred dollars.
and bs Imprisoned IN the territorial prison
until such fine 10 paid.
Sec. IL. No marrisee eoleinnised before
any person proSe.sing TO be judge OF jus
t'ce or minister. shall he destnsd or regarded
void; nor shall the validity thereof be In
any way anscted on account oil any want
OF l"risdsct,oa or authority: provided It be
coneummatsd with y Iu'i t'e!iei on the part
Q. the persons No married, or either 81
tnem' tnst tney nave oesn lawfully joined
IN marriage:
Sec. "a; Inc Original certincste Of mar
hase maze py the lndee. luatice, minister or
Sosssnor. ss ptsscrioeo IN the ACT. e"d the
socoW t"ereW " the county c'eek. or -
copy o. sucn record. duly certified by the